Residents unhappy there was no local notice for Bill 1331 hearing

Senate Bill 1331 would allow the formation of special tax districts in New Milford and East Lyme, where Karl Frey of Vespera Investments is developing projects.

"I don't understand why they would hold a public hearing without notifying, at the very least, the legislative body [the council] of the town," Councilwoman Pat Sherry said Monday. "The townspeople should have known so they could have attended and testified."

The same week that opponents of the Mr. Frey's Dunham Farm proposal discovered the existence of Senate Bill 1331, residents learned on just a few days notice that a different committee was planning to hold a hearing in town on March 29 about the town's request for changes in the state's Conservation and Development Plan.

The town had proposed changing some rural sections of town to growth areas, including the Dunham Farm property.

Resident Ray Wood thinks there was "a concerted effort" by officials to "keep the public relatively out of the picture" for both hearings.

"That seems to have been a theme that ran through the process," Mr. Wood said, remarking that officials appear to have adhered to the letter of the law, but "from the spirit of morals and ethics I have some big questions."

He said unless citizen's read the state's General Register and check every day, "there is no way you know there will be a hearing."

"[Procedures] encourage a lack of public knowledge, a lack of sunshine," he said.

Bill 1331 was introduced by the Legislature's Finance, Revenue and Bonding Committee.

State Senator Andrew Roraback (R-30th), whose district includes New Milford, and State Representative Mary Ann Carson (R-108th) are members of the committee.

Sen. Roraback said hearings are typically scheduled with short-time horizons and that he had two days' notice of the hearing.

New Milford Mayor Pat Murphy said she only learned of the hearing the night before it was held.

Bill 1331 is being promoted by Mr. Frey to enable tax increment financing for his proposed 508-unit active adult community, Dunham Farm, which has cleared a New Milford Zoning Commission hurdle.

"This legislation is nothing more than enabling legislation," Mr. Frey said Tuesday. "All the town officials and state legislators are trying to do is to create an opportunity for New Milford to decide on New Milford terms. It all has to be voted on by the Town Council."

Mr. Frey said within the next six weeks he plans to schedule a forum over two days, likely a Friday and Saturday, with presentations and question-and-answer periods "to get the facts out to the public so they can understand the project."

He said his project is "smart growth" that conserves 100 acres and would bring the town economic benefits, including $68 million in real estate taxes over a 30-year period.

Mayor Murphy sent a March 30 letter of support for the legislation as amended.

She said in her letter that she supports the legislation if the bill contains language that reflects a proposed district voter's meeting would be called by the Town Council and the mayor, as opposed to just the mayor, and if the statute requires council approval of any agreement with the tax district.

Mayor Murphy said she believes the proposed bill would provide the town "an opportunity that will afford our community the ability to further review the potentially positive proposed residential project."

"There is going to be development moving north in Connecticut," the mayor said Tuesday. "Here's an opportunity to manage a piece of it.

"I was not elected to represent one group of people," the mayor said. "I think I try to treat everybody fairly.

"No one gets a chance to consider it if I don't arrange it so it comes back to the Town Council," she continued. "I help everybody get to the point where a project can be presented and discussed."

Mr. Wood opposes the Dunham Farm project because of the density of 508 units on 60 of the 164 acres - 10 times the density of prior zoning for the site, which would have permitted 57 single-family homes on 164 acres.

He said he's also concerned about the traffic and the "practical ability to be able to drive from point A to Point B" in town with 1,000 more cars on the road.

Mr. Wood said he sees scuttling the bill in Hartford as a way to stop the project.

Sen. Roraback said Monday that Mr. Frey proposed the bill, and the committee leaders raised it. He said he was not a co-sponsor, as some residents have said.

The senator said he plans to amend the bill in committee to make it "explicitly clear this will never happen unless the [New Milford] Town Council approves it. If [the bill] isn't changed to reflect that, I will work to defeat it.

"It's not our job to determine if it's a good idea for a municipality," he said, remarking that the responsibility properly rests with local boards.

Sen. Roraback said he did not know the bill was specific to New Milford until he went to the hearing and that is why he asked during the hearing about the possibility of a general bill that would enable special tax districts in any town.

Mr. Frey testified March 21 that the project has "strong economic development aspects" and takes a "conservation-minded approach" that preserves land because the units are concentrated within a five-minute walk of the planned village center of the project.

He said the active-adult community project would add $225 million to the grand list without adding children to the school system.

Mr. Frey testified that in a typical development, infrastructure such as roads and sewers are done in phases, and as homes are sold the developer moves to the next section, leading to "sprawl."

He said his project would not be financially viable without the ability to finance the infrastructure up front before building housing units.

"It is the anti-sprawl measure we are trying to pass here, that will allow the smart growth of traditional neighborhood development communities to be built," Mr. Frey testified.

David Bernat of Bank of America Securities testified his company would be involved in underwriting $1 billion in special assessment bond issues in 2005 and has experience in neighboring states including Rhode Island and Massachusetts. Default risk is borne by the property owner.

For more information on the full text of RSB-1331: http:/www.cga.ct.gov/2005/tob/s/2005SB-01331-R00-SB.htm.